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Are you a working mom-to-be? While a few forward-thinking, family-friendly companies voluntarily provide generous maternity-leave policies, many still stick to what they’re required to offer. The legal requirements vary depending on the company’s size, the mom’s employment status, and more, so if you’re expecting — or you’ve already given birth — it pays to become familiar with the maternity-leave rights you’re entitled to by law at your workplace.

Will it be paid or unpaid? How long will it be? Even if your employer doesn’t dole out the really great stuff (several months of leave at full pay), you may be among the many new moms who can expect some pay during their maternity leave thanks to their company’s short-term disability benefits. Not entitled to paid leave? You may still be able to snag some guaranteed time off through the Family and Medical Leave Act (FMLA). This federal law requires most (but not all) employers to allow their employees 12 weeks of unpaid maternity (or paternity) leave for up to one year after the birth or adoption of a child.

Enacted in 1993 as a way to guarantee parents time with their new children without having to worry about losing their jobs, FMLA also requires your employer to allow you to return to your position or a similar position with the same benefits at the end of your 12-week leave. In other words, they can’t fire you because you’ve taken off time to be a mom.

When Does FMLA Kick In?

In theory, the FMLA is a good maternity leave option for new parents (though far from as good as the options offered parents in some other countries). In practice, however, it doesn’t apply to everybody. That’s because not all companies are required to give new moms and dads time off, and not all new moms and dads are eligible for FMLA benefits. Here’s how it works:

If your company has fewer than 50 employees within 75 miles of your workplace, your company is exempt from the FMLA and you are not entitled to its benefits.

If you have worked for your employer for fewer than 25 hours per week for 50 weeks, your company is exempt from the FMLA and you are not entitled to its benefits.

If you’re in the highest 10 percent of wage earners at your company and your employer can prove that your absence would cause them significant financial harm, your employer isn’t required to allow you 12 weeks of unpaid leave or keep your job open for you.

If you and your partner are employed by the same company, you’re entitled to 12 weeks total time combined, not 12 weeks each.

If you’re eligible for the FMLA, you may need to “use up” all your vacation days, sick leave, and personal days, and this time will be deducted from your 12 weeks of maternity leave.

If you’re offered a paid maternity leave, your employer may require that the time period of paid maternity leave count toward the 12 weeks allotted under the FMLA. (Though some companies let employees take the full 12 weeks of FMLA in addition to whatever paid leave they are given.)

FMLA lets you use your 12-week maternity leave whenever you want during the first year after your child’s birth or adoption — as long as your employer agrees. So if your employer is willing, you don’t have to use all 12 weeks at once — you could choose to spread them out over your child’s first year by taking a few weeks at a time or by reducing your normal weekly hours. Also, keep in mind that you’re entitled to use your FMLA benefits during your pregnancy (say your practitioner has put you on bed rest) — it’s not just reserved for after the birth of your baby.

Ask your boss and someone at human resources whether your company and/or you qualify for FMLA benefits and what other maternity-leave benefits you may be entitled to. (If your boss doesn’t know and your company doesn’t have a human-resources department, go to the US Department of Labor’s FMLA page.) If you qualify for FMLA maternity leave, you’ll be able to continue to collect all on-the-job benefits (including health insurance), but that may also mean that you’ll have to continue making weekly (or bimonthly) contributions to your company’s plan. And remember, unfortunately FMLA entitles you to maternity leave, but not paid maternity leave.

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